Detailed Answer

Short answer: Under Illinois law, appointment as guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian of the estate (sometimes called a guardian of the property) after its own finding that the proposed ward needs one. You can ask the court to appoint the same person to both roles, but each appointment is distinct and requires separate findings and court orders.

Why the roles are separate

Court systems separate the authority to make personal-care decisions (guardian of the person) from the authority to manage money and property (guardian of the estate). The separation protects the ward by requiring the court to review whether the person really needs help handling finances as opposed to needing help with health care, housing, and daily living. The Probate Act of 1975 governs guardianships in Illinois (see the Probate Act: 755 ILCS 5/). For the statutory framework, see the Illinois Compiled Statutes governing probate: 755 ILCS 5/ (Probate Act of 1975).

What the court decides separately

The court will determine capacity and the specific needs of the proposed ward for personal decisions (healthcare, residence, daily care).
The court will separately determine whether the proposed ward lacks sufficient ability to manage property and finances and therefore needs a guardian of the estate.
The court issues separate letters of office/orders for each role and may impose different duties, bonds, reporting, and supervision rules on each guardian.

Typical process if you want both appointments

File a petition for guardianship in the county probate court (you can petition for guardianship of the person, of the estate, or both).
Provide required notices to the proposed ward, family members, and interested parties.
The court may order medical evaluations or psychological assessments to document incapacity in each area (personal care vs. finances).
At a hearing, the court makes findings on the record about the ward’s abilities and the least-restrictive alternatives considered.
If appointed, you will receive separate court orders and letters for the person and the estate; you must follow the duties and reporting requirements for each role.

Practical differences in duties

Guardian of the person: Makes decisions about medical care, living arrangements, education (for minors), and day-to-day personal needs. The guardian must act in the ward’s best interest, encourage independence, and consult the ward when possible.

Guardian of the estate: Manages assets and income, pays bills, protects property, may need to post a bond, and normally must file inventories and periodic accountings with the probate court. The guardian of the estate has fiduciary duties and court supervision over financial transactions.

Hypothetical example

Suppose your mother, who lives in Illinois, suffers cognitive decline that makes it unsafe for her to live alone. You petition the probate court and are appointed guardian of the person so you can arrange care and make health decisions. A separate assessment shows she still understands her finances and can manage bills with assistance, so the court declines to appoint a guardian of the estate. You will not have authority to manage or spend her money without a separate court order. If later her ability to manage finances worsens, you (or another interested party) can ask the court to reopen the guardianship case and request appointment as guardian of the estate.

Temporary and emergency appointments

In urgent situations the court can appoint a temporary guardian (for the person and/or the estate) for a limited time. Even then, the temporary appointment is limited to the role ordered by the court. Emergency authority over personal care does not automatically include emergency authority over estate matters unless the court grants both.

Common court requirements for guardians of the estate

Filing an inventory of the ward’s assets shortly after appointment.
Posting a bond (unless waived) to protect the ward’s assets.
Providing periodic accountings to the court and to interested parties.
Getting court approval for major transactions (e.g., sale of real estate).

Where to look in Illinois law

The Probate Act of 1975 lays out the procedures and duties for guardianship in Illinois. See the Illinois Compiled Statutes for the Probate Act here: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60. For local forms, filing practices, and court-specific procedures, check the website of the Illinois circuit court where the petition will be filed.

When the court might appoint the same person to both roles

Courts often appoint the same individual as both guardian of the person and guardian of the estate when that arrangement clearly serves the ward’s best interest and the petitioner is suitable for both roles. Even then, the court will make the required separate findings and issue separate orders for each role.

Disclaimer

This article explains general concepts of Illinois guardianship law and is for educational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about a specific situation, contact a licensed Illinois attorney experienced in guardianship and probate matters.

Helpful Hints

Before filing, talk with an Illinois probate or elder law attorney. Guardianship law is technical and has serious consequences.
Consider less-restrictive alternatives first (powers of attorney, representative payees, supported decision-making, health care proxy).
If you petition for both roles, clearly state the specific powers you seek for each role in your petition.
Be ready to provide medical evaluations that address both personal-care needs and financial capacity.
Know the bond and accounting rules for guardians of the estate; improper financial management can lead to liability and removal.
Contact the probate clerk in the county where the proposed ward lives to learn local forms, filing fees, and timelines.
Keep clear records and receipts for all transactions involving the ward’s money or property.
If a family member objects, mediation or negotiation before the hearing can sometimes resolve disputes without protracted litigation.